HalloweenCostumes.com's 2015 Costume Contest

Rules & Regulations

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT'S OPPORTUNITY TO WIN.

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ("D.C.") WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY (AT LEAST 19 IF A RESIDENT OF ALABAMA OR NEBRASKA).

VOID OUTSIDE THE 50 UNITED STATES/D.C. AND WHERE PROHIBITED BY LAW.

HalloweenCostumes.com Contests are sponsored and administrated by FUN.com 2080 Lookout Drive North Mankato, MN 56003

Eligibility

Any person who wishes to enter the Contest ("Entrants") must be a legal resident of the 50 United States or D.C. Entrants must be at least 18 years old (at least 19 if a resident of AL or NE) as of time of entry in order to participate in the Contest. To participate in the Contest, filling in the required fields on the entry form and uploading an image of your costume is all that is required. Officers, directors, agents, sales representatives, distributors and employees of Sponsor, FUN.com, Administrator and each of their respective parent companies, subsidiaries, affiliates and their advertising, promotion and web design agencies, and all other individuals/entities associated with this Contest (collectively, "Contest Entities"), and members of the immediate families (defined as including spouse, biological, adoptive or step-parents, children, grandparents, grandchildren, siblings and each of their spouses (regardless of where they reside) or households (whether related or not)) of any of the above are not eligible to participate as an Entrant or to win. All federal, state and local laws apply. Void outside of the 50 United States/D.C. and where prohibited by law. By participating in this Contest, each Participant (or his/her parent or legal guardian if Participant is deemed a minor in his/her state of residence ("Minor")), agrees to abide by and be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all matters pertaining to the Contest. Winning any prize is contingent upon Entrant fulfilling all requirements set forth herein.

HOW TO ENTER

During the Entry Phase, an eligible Entrant must complete each of the following steps to enter the Contest:

Limit of one (1) unique Entry per Theme per Entrant per day during the entire Entry Phase. By submitting an Entry, Entrant hereby grants permission for the Entry to be posted on the Sponsor's website, social networks or other websites for public viewing.

Entrant understands and agrees that he/she uploads images at his/her sole risk and the Contest Entities are not responsible for any claims arising from the Entrant's uploaded image, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations. Entrants may not upload any images that are potentially offensive, feature recognizable people who have not provided consent or that originate from an unknown or proprietary source. Entrant may not upload any images unless the Entrant can verify that uploading the image does not violate the rights of any other person or company. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entries that do not comply with the above terms and are otherwise inappropriate for any reason, including, but not limited to, for depicting or mentioning sex, nudity, violence, tobacco, alcohol, drugs, obscenities or defamatory, disparaging or inappropriate language, copyright or trademark infringement, or any other content deemed offensive in Sponsor's sole discretion.

In the event of a dispute as to any registration or Entry, the Authorized Account Holder, as that term is defined below, of the e-mail address used to register during Entry will be deemed to be the Entrant, and he/she must meet all eligibility requirements set forth in these Official Rules. Use of any automated system to participate is prohibited and will result in disqualification. The "Authorized Account Holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Each Entrant may be required to show proof of being the Authorized Account Holder.

All potentially winning Entries and the Winner is subject to confirmation and/or verification and compliance with these Official Rules as determined by Sponsor and/or Administrator. Limit one (1) prize per person/address/household.

JUDGING AND SELECTION OF THE WINNER

The winners will be selected by a panel of judges within HalloweenCostumes.com, sponsored and administrated by FUN.com. All uploaded images at time of drawing are eligible. If any potential winner is found to be ineligible or does not comply with these Official Rules, he/she will be disqualified. A new winner will be selected at random. Sponsor's decisions shall be final and binding in all matters pertaining to the selection of the winner. The winner is deemed to be a potential winner pending verification of the Entrant's eligibility and compliance with these Official Rules as determined by Sponsor in its sole and absolute discretion.

Prize AND approximate retail value ("ARV")

  • Grand Prize: ONE Grand Prize Winner from the drawing will win $500 in store credit to HalloweenCostumes.com
  • 1st Place: A first place winner will be picked for each costume contest category - Best 2015-Specific Costume; Best Couples Costume; Best Pet Costume; Best Group Costume; Best Creative Costume; Best Baby Costume—for a total of 6 first place prize winners who will win $300 in store credit to HalloweenCostumes.com
  • 2nd Place: A second place winner will be picked for each costume contest category: Best 2015-Specific Costume; Best Couples Costume; Best Pet Costume; Best Group Costume; Best Creative Costume; Best Baby Costume—for a total of 6 second place prize winners who will win $200 in store credit to HalloweenCostumes.com
  • 3rd Place: A third place winner will be picked for each costume contest category—Best 2015-Specific Costume; Best Couples Costume; Best Pet Costume; Best Group Costume; Best Creative Costume; Best Baby Costume—for a total of 6 third place prize winners who will win $100 in store credit to HalloweenCostumes.com

How to claim the prizes

The potential winners will be notified via the e-mail addresses submitted when entering the Contest ("Notification"). In the event a winner is non-responsive, a new winner will be selected by the judges and notified. Sponsor will attempt to ship the prize to the verified winner within approximately 6 to 8 weeks of confirmation of eligibility. The right to receive the prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute the prize of equal or greater value in case of unavailability of the prize or force majeure, at Sponsor's sole and absolute discretion. Further, Sponsor reserves the right to substitute the prize with a prize of equal or greater value, including, without limitation, the cash value of the prize, at its sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner's responsibility. Contest Entities shall not be held responsible for any delays in awarding a prize for any reason. The prizes will only be awarded to verified winners.

Release

By acceptance of a prize, the winner hereby releases and agrees to indemnify and hold harmless the Contest Entities from and against any and all costs, claims, damages or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander, false advertising, intellectual property right infringement), due in whole or in part, directly or indirectly, to participation in the Contest including, without limitation, the attachment of any photograph, or to acceptance, delivery, possession or use/misuse of the prize, or arising out of participation in any Contest- or prize- related activity.

Limitation of liability

By participating in this Contest, Entrants agree that the Contest Entities and each of their respective affiliates, subsidiaries, representatives, directors, officers, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and the respective officers, directors, employees, representatives, designees and agents of each of the foregoing (collectively, "Released Parties") are not responsible for: (i) electronic, wireless or digital transmissions, registrations, Entries or notifications that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed or misdirected, or not received by Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of registrations, Entries or notifications; (iii) destruction of or unauthorized access to, or alteration of, registrations, Entries or notifications; (iv) failed or unavailable hardware, network, software, or telephone transmissions; (v) damage to Entrant's, Voter's or any person's computer or wireless device or its contents; (vi) causes beyond Sponsor's reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (vii) any Entries or Votes submitted in a manner that is not expressly allowed under these Official Rules; (viii) incorrect or inaccurate registration or Entry information whether caused by Entrants or by any of the equipment or programming associated with or utilized in the Contest; (ix) any typographical or other error in any printing or advertising related to the Contest, in the administration or execution of the Contest, or in the announcement of any prize/prize Winner; (x) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks); or (xi) cheating or fraud by any Participant. All incomplete or non-conforming Entries and votes will be disqualified. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the registration, entry or voting process, or who registers, enters or votes using any prohibited method or service.

The Released Parties shall not be responsible or liable for Entries or votes that are submitted by any automated computer, program, mechanism or device. Any Entries in excess of the stated limit will be disqualified.

If, for any reason, an Entry is confirmed to have been erroneously deleted, lost, destroyed, corrupted or not accepted as an Entry in the Contest, the Entrant's sole remedy is to submit another Entry into the Contest.

If the Contest cannot be executed as planned for any reason, including, but not limited to, any governmental order, force majeure, change in social media policy, printing, administrative, human or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Contest. In the event Sponsor does so, Sponsor will post notice thereof on the Web Site. If the Contest is terminated prior to the date on which Finalists were to be determined in accordance with these Official Rules, then, at Sponsor's discretion, either: (i) The finalist will be determined on the basis of the valid, non-suspect votes submitted as of the date and time of termination, and the selection of the Winner by the Judges will then proceed as described in Section 5, above; or (ii) The winners will be determined in a manner Sponsor deems fair and equitable from among valid, non-suspect Entries received prior to the date and time of termination.

By entering the Contest, each Entrant agrees: (i) to waive any rights to claim ambiguity with respect to these Official Rules; (ii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iii) to forever and irrevocably release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorney's fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the Entrant's Entry, participation or inability to participate in the Contest, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Contest materials, (d) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor's control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties' control, or as otherwise permitted in these Official Rules, (e) any interruptions in or postponement, cancellation or modification of the Contest, (f) human error, (g) incorrect or inaccurate transcription, receipt or transmission of any part of any Entry (including, without limitation, the registration information or any parts thereof), (h) any technical malfunctions or unavailability of any website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant, (i) interruption or inability to access the Contest, any other Contest-related websites or any online service via the Internet due to hardware or software compatibility problems, (j) any damage to Entrant's (or any third person's) equipment used to access the Contest and/or its contents related to or resulting from any part of the Contest, (k) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (l) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (m) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties, or (n) Entrant's negligence, willful misconduct or violation of any terms of these Official Rules.

Without limiting the foregoing, everything regarding this Contest, including any website and prize components, are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

Disputes

THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MINNESOTA AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE STATE OF MINNESOTA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("AAA RULES"). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MINNESOTA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MINNESOTA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND, TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THE TERMS OF THESE OFFICIAL RULES OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

Further, Entrants hereby waive all rights to: (i) claim any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any Entrant and/or Released Parties and/or any other party shall be resolved individually, without resort to any form of class action. Each Entrant hereby irrevocably and unconditionally waives his/her right to a jury trial.

Privacy policy

Any personally identifiable information collected during an Entrant's participation in this Contest will be collected by Sponsor or its agent and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at https://www.halloweencostumes.com/privacy-policy.html

Publicity rights

By entering the Contest and/or accepting the prize, Entrants agree to allow Sponsor and/or Sponsor's designee the perpetual right to use their name, biographical information, photos and/or likeness, Entries and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including, but not limited to, on the Internet, without further notice, review or approval and without compensation, except where prohibited by law.

General

Any attempted form of participation in this Contest other than as described herein is void. Sponsor and Administrator reserve the right to disqualify, in either's sole opinion, any individual found to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. No Entrant shall have the right to modify or amend these Official Rules. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.

Winner list

We will attempt to email the winners on or about November 20, 2015 12:00 PM CST. The winners' names will be posted to HalloweenCostumes.com on or about November 20, 2015 12:00 PM CST.

Sponsor: HalloweenCostumes.com, 2080 Lookout Drive North Mankato, MN 56003

©2015 FUN.com All rights reserved.

©2015 HalloweenCostumes.com, All Right Reserved.

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